Majority
p. 295The People of the State of New York, Respondent, v Michael Badia, Appellant. [642 NYS2d 503]
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered December 2, 1992, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Giving due deference to the jury’s findings on credibility,
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and utilizing the standards appropriate for circumstantial evidence (People v Kennedy, 47 NY2d 196 , 201-203; People v Cabey, 85 NY2d 417 , 421), defendant’s guilt was established by sufficient, indeed overwhelming, evidence. Defendant’s challenge to the circumstantial evidence instruction is unpreserved for review as a matter of law (People v Ford, 66 NY2d 428 , 441), and, in any event, without merit (see, People v Sanchez, 61 NY2d 1022 , 1024). The hearsay challenge was addressed in our ruling affirming the conviction of defendant’s accomplice (People v Maddaloni, 214 AD2d 325 , lv denied 86 NY2d 737 ), and we find no basis to reach a different conclusion here. We perceive no abuse of discretion in sentencing. Concur—Murphy, P. J., Rubin, Kupferman, Ross and Tom, JJ.
Cases cited
- People v. Kennedy 47 NY2d 196 at 201-203 p. 296
- People v. Cabey 85 NY2d 417 at 421 p. 296
- People v. Ford 66 NY2d 428 at 441 p. 296
- People v. Sanchez 61 NY2d 1022 at 1024 p. 296